Browse Federal Court JudgmentsBy Judge - Hespe J |
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1. Merchant v Commissioner of Taxation [2025] FCAFC 56
| TAXATION – schemes to reduce tax pursuant to Part IVA of the Income Tax Assessment Act 1936 (Cth) – where vendor incurs a substantial capital loss on related party share sale but there is no effective alteration of control – whether primary |
| Date: 22 Apr 2025 Judge: LOGAN, MCELWAINE AND HESPE JJ |
2. University of New England v Boerner (Costs Review) [2025] FCA 368
| COSTS – review of Registrar’s decision to order costs against prospective respondents – where prospective applicant was substantially successful in application for preliminary discovery – whether approach taken by either respondent was |
| Date: 16 Apr 2025 Judge: HESPE J |
| PRACTICE AND PROCEDURE – Interlocutory application for orders to join Insurance Australia Limited as the respondent and remove NTI Ltd as the respondent – Where incorrect entity was sued – Where applicant seeks to recover amount payable from |
| Date: 27 Mar 2025 Judge: HESPE J |
| MIGRATION – appeal from Federal Circuit and Family Court of Australia – Regional Employer visa refused – refusal affirmed by the Tribunal – where there was no approved nomination by employer |
| Date: 26 Mar 2025 Judge: HESPE J |
5. BQJ17 v Minister for Immigration and Multicultural Affairs [2025] FCA 255
| MIGRATION – appeal from Federal Circuit and Family Court – refusal to grant protection visa – where refusal affirmed by the Administrative Appeals Tribunal – whether primary judge erred in finding Tribunal decision not affected by |
| Date: 26 Mar 2025 Judge: HESPE J |
6. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (Costs) [2025] FCAFC 29
| COSTS – where appeal dismissed and cross-appeal allowed, what orders should be made for costs of trial and appeal – whether costs of trial should be apportioned to take account of aspects of cross-claim on which respondent failed – where |
| Date: 21 Mar 2025 Judge: KATZMANN, WHEELAHAN AND HESPE JJ |
7. Younas v Commonwealth of Australia [2025] FCAFC 27
| MIGRATION – appeal – citizenship – s 10B(1) of the Australian Citizenship Act 1948 (Cth) – appeal by way of rehearing – where the appellant sought a declaration that he is an Australian citizen – whether the primary judge erred in |
| Date: 14 Mar 2025 Judge: SNADEN, ROFE and HESPE JJ |
8. Luck v Secretary, Services Australia [2025] FCAFC 26
| PRACTICE AND PROCEDURE – where appellant failed to appear at appeal hearing – whether appeal should be dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE – where appellant filed interlocutory |
| Date: 7 Mar 2025 Judge: ROFE, HESPE AND KENNETT JJ |
9. Minister for the Environment and Water v Northern Seafoods Pty Ltd [2025] FCA 116
| ENVIRONMENT LAW - application for declaration as to contravening conduct and pecuniary penalties - where respondent conducted trap fishing for commercial purposes in Habitat Protection Zone of Oceanic Shoals Marine Park - multiple contraventions - |
| Date: 25 Feb 2025 Judge: HESPE J |
10. Australian Securities and Investments Commission v AustralianSuper Pty Ltd [2025] FCA 102
| CORPORATIONS - financial services - declarations of contraventions - assessment of pecuniary penalty - failure by AustralianSuper to establish rules setting out procedure to identify and merge multiple superannuation accounts as required by s 108A |
| Date: 21 Feb 2025 Judge: HESPE J |
11. Commissioner of Taxation v Bendel [2025] FCAFC 15
| TAXATION - appeal by Commissioner from a decision of the Administrative Appeals Tribunal - where corporate beneficiary had a present entitlement which was unpaid - whether present entitlement remaining unpaid was a loan for the purposes of s 109D of |
| Date: 19 Feb 2025 Judge: LOGAN, HESPE AND NESKOVCIN JJ |
12. Commissioner of Taxation v Liang [2025] FCAFC 4
| TAXATION - appeal from single judge decision quashing decision of the Administrative Appeals Tribunal to affirm objection decision made by Commissioner - where amount of unexplained deposits received by a trust assessed as ordinary income - where |
| Date: 31 Jan 2025 Judge: PERRAM, WHEELAHAN and HESPE JJ |
13. Luong v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1456
| MIGRATION - exercise of discretion under s 501BA of the Migration Act 1958 (Cth) to override decision of Administrative Appeals Tribunal - whether Minister misconstrued the "national interest" - whether decision was legally unreasonable - whether |
| Date: 17 Dec 2024 Judge: HESPE J |
14. DIS24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1397
| MIGRATION - application for extension of time for review of decision of Administrative Appeals Tribunal - where time for seeking review expired over three years before proceedings commenced - whether the merits justify extension being granted - |
| Date: 6 Dec 2024 Judge: HESPE J |
15. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156
| TRADE MARKS -- s 62(b) of the Trade Marks Act 1995 (Cth) - where an Examiner considered that a trade mark under examination was not inherently adapted to distinguish in respect of a certain class, and sought evidence or representations as to the |
| Date: 6 Dec 2024 Judge: KATZMANN, WHEELAHAN AND HESPE JJ |
16. Palmer v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 154
| MIGRATION - appeal from decision of primary judge dismissing application for judicial review of Minister's decision to cancel appellant's visa under s 501BA(2) of the Migration Act 1958 (Cth) - where Minister extended to appellant the opportunity to |
| Date: 6 Dec 2024 Judge: DERRINGTON, FEUTRILL AND HESPE JJ |
17. Voukidis Holdings Pty Ltd v Pascoe (as trustee of the bankrupt estate of Voukidis) [2024] FCA 1401
| BANKRUPTCY AND INSOLVENCY - application for interlocutory injunction to prevent trustee in bankruptcy from selling property until determination of appeal - where applicant appeals declaration that it does not hold a security interest in the property |
| Date: 5 Dec 2024 Judge: HESPE J |
18. Vega Industries Australia Pty Ltd v Comptroller-General of Customs [2024] FCA 1343
| TAXATION - customs and excise - review of decision of the Administrative Appeals Tribunal affirming decision to refuse tariff concession order (TCO) application - whether Tribunal failed to identify the TCO goods correctly - whether Tribunal erred |
| Date: 22 Nov 2024 Judge: HESPE J |
19. Sidhu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1342
| MIGRATION - application for leave to appeal decision of the Federal Circuit and Family Court of Australia (Division 2) - where visa application was not accompanied by evidence that the Applicant achieved minimum language test requirements |
| Date: 21 Nov 2024 Judge: HESPE J |
20. Lovepreet v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1361
| MIGRATION - application for leave to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - where Applicant did not appear at the hearing - application for dismissal made under r 35.33 |
| Date: 20 Nov 2024 Judge: HESPE J |
21. DLS21 v Minister for Immigration and Multicultural Affairs [2024] FCA 1337
| MIGRATION - application for extension of time and leave to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - where Applicant did not appear at the hearing - application for dismissal made under r 35.33 |
| Date: 18 Nov 2024 Judge: HESPE J |
22. Wilson v State of Victoria (Costs) [2024] FCA 1190
| COSTS - whether costs should follow the event - where claim summarily dismissed - whether successful parties engaged in disentitling conduct - where unsuccessful parties experience financial difficulties |
| Date: 15 Oct 2024 Judge: HESPE J |
23. Khan v Registrar of the Federal Court of Australia [2024] FCA 1148
| PRACTICE AND PROCEDURE - application for judicial review of decision of Registrar not to accept notice of appeal for filing - whether purported notice of appeal is an abuse of process - where applicant seeks to appeal decisions of the Victorian |
| Date: 1 Oct 2024 Judge: HESPE J |
24. Mensink v Registrar of the Federal Court of Australia [2024] FCAFC 124
| CONTEMPT OF COURT - whether the Court lacked jurisdiction because service under an order for substituted service was not effective service - whether submission to jurisdiction applies to contempt proceedings - whether the primary judge erred in |
| Date: 24 Sep 2024 Judge: ABRAHAM, HESPE AND NESKOVCIN JJ |
25. Sladden v Commissioner of Taxation [2024] FCAFC 122
| TAXATION -- appeal from a decision of the Administrative Appeals Tribunal affirming the decision of the Commissioner of Taxation to disallow the applicant's objection to an income tax assessment -- where claim made by applicant for future income |
| Date: 19 Sep 2024 Judge: O'SULLIVAN, HESPE AND NESKOVCIN JJ |
| PRACTICE AND PROCEDURE - interlocutory application to vary final orders entered - whether order should be amended to include an endorsement under r 41.06 - where there is significant delay between order being made and application to vary order - |
| Date: 12 Sep 2024 Judge: HESPE J |
| ADMINISTRATIVE LAW - appeal on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where the Administrative Appeals Tribunal determined that the applicant was not a public benevolent institution - where the parties |
| Date: 5 Sep 2024 Judge: WHEELAHAN, HESPE AND KENNETT JJ |
28. Australian Securities and Investments Commission v Darranda Pty Ltd (Liability) [2024] FCA 1015
| CONSUMER LAW - consumer credit - whether customer contracts are consumer leases or credit contracts for the purposes of the National Credit Code (Sch 1 to the National Consumer Credit Protection Act 2009 (Cth)) - whether Australian Credit Licence |
| Date: 4 Sep 2024 Judge: HESPE J |
| MIGRATION - appeal from decision of primary judge dismissing application for judicial review of a decision of the Administrative Appeals Tribunal under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke cancellation of applicant's visa - |
| Date: 23 Aug 2024 Judge: O'BRYAN, JACKSON AND HESPE JJ |
30. Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2024] FCA 925
| BANKRUPTCY AND INSOLVENCY - application for review of decision of registrar refusing to set aside bankruptcy notice - whether bankruptcy notice is abuse of process - whether applicant solvent at time bankruptcy notice issued - where Respondent had |
| Date: 16 Aug 2024 Judge: HESPE J |
31. Softmed Manufacturing Pty Ltd v Secretary, Department of Health and Aged Care (Costs) [2024] FCA 857
| COSTS - application for indemnity costs - where Calderbank walk away offer not accepted - where claims substantially changed after walk away offer - whether refusal to accept Calderbank offer was unreasonable |
| Date: 1 Aug 2024 Judge: HESPE J |
32. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2024] FCAFC 92
| COSTS - application for variation to costs orders - appropriate order as to costs - where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge - where respondent's validity |
| Date: 11 Jul 2024 Judge: NICHOLAS, BURLEY AND HESPE JJ |
| TAXATION - whether Administrative Appeals Tribunal erred in its construction of s 207-155 of the Income Tax Assessment Act 1997 (Cth) - alleged dividend stripping operation - Tribunal erred in its construction of s 207-155 - matter remitted to the |
| Date: 14 Jun 2024 Judge: BROMWICH, THAWLEY AND HESPE JJ |
34. DXF22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 75
| MIGRATION - where appellant applied to Administrative Appeals Tribunal (Tribunal) for review of decision to refuse application for protection visa - where Tribunal invited appellant to hearing via email and appellant did not intend - where Tribunal |
| Date: 7 Jun 2024 Judge: WIGNEY, HESPE AND KENNETT JJ |
35. Minister for Immigration, Citizenship and Multicultural Affairs v Su [2024] FCAFC 68
| CITIZENSHIP - eligibility - citizenship by descent - where applicant for citizenship was born outside Australia - whether the Administrative Appeals Tribunal erred in construing and failing to apply ordinary meaning of the phrase "at the time of the |
| Date: 5 Jun 2024 Judge: WHEELAHAN, CHEESEMAN AND HESPE JJ |
36. Mitchell v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 526
| MIGRATION - application for extension of time - application for judicial review of decision of the Minister made under s 501CA(4) of the Migration Act 1958 (Cth) to refuse to revoke the cancellation of the Applicant's visa (the Decision) - whether |
| Date: 20 May 2024 Judge: HESPE J |
37. Softmed Manufacturing Pty Ltd v Secretary, Department of Health and Aged Care [2024] FCA 491
| ADMINISTRATIVE LAW - application for judicial review of decision of delegate of the Secretary, Department of Health and Aged Care to release certain information pursuant to s 61(3) of the Therapeutic Goods Act 1989 (Cth) to various Commonwealth, |
| Date: 13 May 2024 Judge: HESPE J |
38. WKBF v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 465
| MIGRATION - appeal from decision of Administrative Appeals Tribunal affirming decision of delegate of Minister to refuse to revoke mandatory cancellation of Applicant's visa - where Tribunal considered offences of Applicant for which no convictions |
| Date: 6 May 2024 Judge: HESPE J |
39. FBLQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 397
| MIGRATION - application for review of decision of Administrative Appeals Tribunal not to revoke mandatory cancellation of Applicant's visa - where Applicant's wife (who was also a witness in the Tribunal hearing) acted as the Applicant's advocate at |
| Date: 19 Apr 2024 Judge: HESPE J |
40. Nuttall v Hatch Pty Ltd [2024] FCA 339
| EMPLOYMENT LAW - employment - adverse action - whether the applicant was subjected to adverse action contrary to s 340 of the Fair Work Act 2009 (Cth) (FW Act) - whether applicant made complaints or inquiries amounting to the exercise of "workplace |
| Date: 9 Apr 2024 Judge: HESPE J |
41. Bechtel Australia Pty Ltd v Commissioner of Taxation [2024] FCAFC 33
| TAXATION - Fringe benefits tax - in relation to travel expenses for 'fly in, fly out' (FIFO) employees - whether 'otherwise deductible' rule applies |
| Date: 15 Mar 2024 Judge: DERRINGTON, DOWNES AND HESPE JJ |
42. Esso Australia Resources Pty Ltd v Commissioner of Taxation (Costs) [2024] FCA 239
| COSTS - where the applicant abandoned an issue prior to trial |
| Date: 14 Mar 2024 Judge: HESPE J |
43. Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC 28
| TAXATION - Income Tax Assessment Act 1936 (Cth) Part IVA - where gist of the scheme was failure by a trustee to exercise a discretion to make a distribution - whether a reasonable person would conclude that the applicant entered into or carried out |
| Date: 8 Mar 2024 Judge: BESANKO, COLVIN AND HESPE JJ |
44. Commissioner of Taxation v Hannover Life Re of Australasia Ltd [2024] FCAFC 23
| TAXATION - goods and services tax - input tax credits - creditable acquisitions - creditable purpose - whether life insurer is entitled to input tax credits under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) for acquisition of |
| Date: 4 Mar 2024 Judge: DERRINGTON, THAWLEY AND HESPE JJ |
45. Stern v Commissioner of Taxation [2024] FCAFC 21
| SUPERANNUATION - Div 294 of the Income Tax Assessment Act 1997 (Cth) - whether defined benefit lifetime pension excluded from calculation of excess transfer balance - reliance on Guide in determining purpose or object underlying operative provisions |
| Date: 1 Mar 2024 Judge: THAWLEY, HESPE AND HORAN JJ |
46. Parthy v Grow MF Pty Ltd [2024] FCA 96
| PRACTICE AND PROCEDURE - leave to appeal - application for leave to appeal order relating to practice and procedure |
| Date: 16 Feb 2024 Judge: HESPE J |
47. AusNet Services Limited v Commissioner of Taxation [2024] FCA 90
| TAXATION - restructure involving stapled group - whether applicant had made a valid rollover election under Division 615 of the Income Tax Assessment Act 1997 (Cth) - whether scheme for reorganising affairs of an entity - whether ratios under s |
| Date: 16 Feb 2024 Judge: HESPE J |
48. Esso Australia Resources Pty Ltd v Commissioner of Taxation [2024] FCA 87
| TAXATION - petroleum resource rent tax - payments under Gas Processing Agreement - monthly reservation fees - settlement sum - assessable petroleum receipts - assessable tolling receipts - assessable property receipts - derivation |
| Date: 16 Feb 2024 Judge: HESPE J |
49. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2024] FCAFC 10
| TRADE MARKS - non-use - Trade Marks Act 1995 (Cth) s 92(4)(b) - shape trade mark - whether alleged use is use as a trade mark - relevant principles applicable to non-traditional trade marks - consideration of difference between test for whether one |
| Date: 16 Feb 2024 Judge: NICHOLAS, BURLEY AND HESPE JJ |
| MIGRATION - application for extension of time for judicial review of decision of Administrative Appeals Tribunal affirming decision not to revoke mandatory cancellation of visa - whether Tribunal fell into error by making an irrational or legally |
| Date: 29 Jan 2024 Judge: HESPE J |
51. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1495
| MIGRATION - application to appeal from judgment of Federal Circuit Court - where Tribunal made an error in referring to a "s.359A letter" - whether that error was jurisdictional |
| Date: 29 Nov 2023 Judge: HESPE J |
52. BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 206
| MIGRATION - where the appellant appeals the dismissal of an application for the judicial review of a decision by a delegate of the Minister to cancel the appellant's refugee visa under s 501(3A) of the Migration Act 1958 (the Act) after being |
| Date: 27 Nov 2023 Judge: LOGAN, SNADEN AND HESPE JJ |
53. Thummala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1488
| MIGRATION - application to appeal from decision of Federal Circuit Court dismissing application for judicial review - where no appearance by appellant - appeal dismissed for non appearance |
| Date: 22 Nov 2023 Judge: HESPE J |
54. AUR23 v Commonwealth of Australia [2023] FCA 1394
| MIGRATION - application for interlocutory injunction to prevent the applicant's removal from Australia - where applicant has made a request for the Minister to exercise powers under ss 46A and 48B of the Migration Act 1958 (Cth) but the request has |
| Date: 10 Nov 2023 Judge: HESPE J |
55. Jarvis-Lavery v Commissioner of Taxation [2023] FCA 1382
| ADMINISTRATIVE LAW - application for extension of time to appeal decision of Administrative Appeals Tribunal - whether adequate explanation for delay of two years - where Tribunal member retired before decision could be made - whether there was a |
| Date: 10 Nov 2023 Judge: HESPE J |
56. Australian Laboratory Services Pty Ltd v Tangi (Costs) [2023] FCA 1281
| COSTS - whether defendant is entitled to indemnity costs |
| Date: 24 Oct 2023 Judge: HESPE J |
| MIGRATION - application for extension of time to appeal decision of Administrative Appeals Tribunal - whether Tribunal decision was affected by jurisdictional error because it failed to perform its statutory task - whether Tribunal failed to make |
| Date: 20 Oct 2023 Judge: HESPE J |
58. Infrabuild NSW Pty Ltd v Anti-Dumping Review Panel [2023] FCA 1229
| ADMINISTRATIVE LAW - application for review of a decision of the Anti-Dumping Review Panel affirming a decision of the Anti-Dumping Commissioner to terminate an investigation into alleged dumping - whether decision of the Anti-Dumping Review Panel |
| Date: 17 Oct 2023 Judge: HESPE J |
| MIGRATION - appeal from decision of Federal Circuit Court of Australia - refusal of application for Protection visa - whether decision of Administrative Appeals Tribunal affected by jurisdictional error - whether finding of fact unsupported by |
| Date: 16 Oct 2023 Judge: HESPE J |
60. Simplot Australia Pty Limited v Commissioner of Taxation (Costs) [2023] FCA 1226
| COSTS - whether the Commissioner of Taxation should bear the costs of an expert report in circumstances where the Court found that the opinions expressed were not based on the expert's specialised knowledge or expertise - whether applicant should |
| Date: 13 Oct 2023 Judge: HESPE J |
61. Simplot Australia Pty Limited v Commissioner of Taxation [2023] FCA 1115
| TAXATION - goods and services tax - exemption - whether certain frozen food supplied and imported by the applicant was "of a kind" "marketed as a prepared meal" |
| Date: 22 Sep 2023 Judge: HESPE J |
62. Dessmann, in the matter of Dessmann [2023] FCA 1019
| SUPERANNUATION - application for an order that the applicant not be a disqualified person under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth) - where applicant is sole member of a self-managed superannuation fund |
| Date: 28 Aug 2023 Judge: HESPE J |
63. Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 144
| MIGRATION - appeal - whether leave to argue new grounds ought be granted - Direction No. 90 - whether Tribunal misconstrued the phrase "vulnerable members of the community" in para 8.4(2)(c) of the Direction - whether Tribunal's error material - |
| Date: 25 Aug 2023 Judge: STEWART, FEUTRILL AND HESPE JJ |
64. Paschke v Secretary, Department of Social Services [2023] FCAFC 143
| REPRESENTATIVE PROCEEDINGS - application for extension of time and leave to appeal decision of single judge dismissing representative proceedings brought under Part IVA of Federal Court of Australia Act 1976 (Cth) - whether decision was |
| Date: 24 Aug 2023 Judge: ANDERSON, MCEVOYand HESPE JJ |
65. Widdup v Deputy Commissioner of Taxation [2023] FCAFC 145
| PRACTICE AND PROCEDURE - application for leave to appeal interlocutory order - moneys paid into court to discharge freezing orders - application that moneys be paid out of court - allegation of material non-disclosure upon ex parte application for |
| Date: 24 Aug 2023 Judge: LOGAN, WHEELAHAN AND HESPE J |
66. Automotive Invest Pty Limited v Commissioner of Taxation [2023] FCAFC 129
| TAXATION - luxury car tax - goods and services tax - appeal from decision of primary judge which held that cars were used and intended to be used for a purpose in addition to being held as trading stock - where cars exhibited in "Gosford Classic Car |
| Date: 11 Aug 2023 Judge: LOGAN, WHEELAHAN AND HESPE JJ |
67. Hoare v Giasoumi, in the matter of the Bankrupt Estate of Roache [2023] FCA 949
| BANKRUPTCY- Provable debts - whether leave granted pursuant to section 82 of the Bankruptcy Act 1966 (Cth) |
| Date: 10 Aug 2023 Judge: HESPE J |
68. Tax Practitioners Board v Buckland (Interim Injunction) [2023] FCA 836
| PRACTICE AND PROCEDURE - application for interlocutory injunction to restrain respondents from preparing and lodging income tax returns - where respondents located overseas - where respondents not registered tax agents |
| Date: 25 Jul 2023 Judge: HESPE J |
69. Bblood Enterprises Pty Ltd v Commissioner of Taxation [2023] FCAFC 114
| PRACTICE AND PROCEDURE - costs - where two taxation proceedings were heard together at first instance and on appeal - where the Commissioner was successful in both proceedings at first instance - where the taxpayer appealed and was unsuccessful in |
| Date: 21 Jul 2023 Judge: MOSHINSKY, COLVIN AND HESPE JJ |
70. Hedges v Commissioner of Taxation [2023] FCAFC 105
| TAXATION - appeal from decision of primary judge dismissing appeal from decision of Administrative Appeals Tribunal - where taxpayer is retired partner of a law firm - whether appellant was entitled to receive capital proceeds from disposal of |
| Date: 12 Jul 2023 Judge: LOGAN, GOODMAN AND HESPE JJ |
71. BXA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 739
| MIGRATION - refusal of application for protection visa - whether decision of Tribunal affected by jurisdictional error - whether Tribunal fell into jurisdictional error in making adverse credibility finding against appellant |
| Date: 3 Jul 2023 Judge: HESPE J |
72. Millsom v North Melbourne College Aus Pty Ltd [2023] FCA 677
| PRACTICE AND PROCEDURE - summary dismissal application pursuant to Federal Court of Australia Act 1976 (Cth) s 31A(2) and/or Federal Court Rules 2011 (Cth) r 26 - whether applicant has no reasonable prospect of successfully prosecuting the |
| Date: 22 Jun 2023 Judge: HESPE J |
73. JMC Pty Ltd v Commissioner of Taxation (Costs) [2023] FCAFC 95
| COSTS - application for indemnity costs under r 25.14(3) of the Federal Court Rules 2011 (Cth) - whether appellant entitled to indemnity costs following rejected offer of compromise in trial proceeding - whether refusal of offer was unreasonable - |
| Date: 16 Jun 2023 Judge: BROMWICH, THAWLEY AND HESPE JJ |
| TAXATION - where primary judge held that s 100A of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) applied to deny beneficiary's present entitlement - whether primary judge erred in construing s 100A(8) of the ITAA 1936 - where primary judge |
| Date: 9 Jun 2023 Judge: MOSHINSKY, COLVIN and HESPE JJ |
75. JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76
| CONTRACTS - whether contract between lecturer and education provider was one of employment or independent contractor - whether lecturer fell within ordinary or extended meaning of employee pursuant to the Superannuation Guarantee (Administration) |
| Date: 23 May 2023 Judge: BROMWICH, THAWLEY AND HESPE JJ |
76. Australian Securities and Investments Commission v AMP Superannuation Limited [2023] FCA 488
| CORPORATIONS - financial services - where the defendants deducted and retained life insurance premiums and advice fees from the superannuation accounts of deceased customers - where the defendants admitted contravening the relevant legislative |
| Date: 19 May 2023 Judge: HESPE J |
77. JFJF v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 69
| MIGRATION - appeal from decision of Federal Court of Australia dismissing judicial review application - where Administrative Appeals Tribunal ('Tribunal') affirmed decision of Minister's delegate to refuse to grant protection visa - where Tribunal |
| Date: 10 May 2023 Judge: PERRAM, MEAGHER AND HESPE JJ |
78. Morgan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 392
| MIGRATION - judicial review of decision of Administrative Appeals Tribunal - decision under s 501CA(4) of the Migration Act 1958 (Cth) - refusal to revoke mandatory cancellation of visa - Direction 90 - whether Tribunal considered impact of Applicant |
| Date: 1 May 2023 Judge: HESPE J |
79. Lees v Asaleo Personal Care Pty Ltd [2023] FCA 334
| COSTS - appeal against order dismissing an application for costs under s 570(2) of the Fair Work Act 2009 (Cth) - whether primary judge erred in failing to find that a refusal to accept a Calderbank offer was unreasonable PRACTICE AND PROCEDURE - |
| Date: 14 Apr 2023 Judge: HESPE J |
| MIGRATION - delegate of Minister's refusal to give notice of Australian Citizenship pursuant to Australian Citizenship Act 2007 (Cth) s 37 - application pursuant to s 5(1)(f) of the Administrative Decisions (Judicial Review) Act and s 39B of the |
| Date: 13 Apr 2023 Judge: MORTIMER CJ, ANDERSON AND HESPE JJ |
81. YTL Power Investments Limited v Commissioner of Taxation [2023] FCA 258
| PRACTICE AND PROCEDURE - application for summary dismissal of proceeding - where applicant commenced proceeding by originating application seeking declaratory relief under s 39B of the Judiciary Act 1903 (Cth) - where notice of assessment issued |
| Date: 24 Mar 2023 Judge: HESPE J |
82. Konebada Pty Ltd ATF the William Lewski Family Trust v Commissioner of Taxation [2023] FCA 257
| TAXATION - Goods and Services Tax - A New Tax System (Goods and Services Tax) Act 1999 (Cth) - whether applicant entitled to input tax credits in respect of payment of invoices for provision of services - whether services acquired in carrying on an |
| Date: 24 Mar 2023 Judge: HESPE J |
83. Hyder v Commissioner of Taxation [2023] FCAFC 29
| TAXATION - declarations and writ of prohibition sought against the Commissioner of Taxation pursuant to s 39B of the Judiciary Act 1903 (Cth) - Commissioner's power to issue assessments to more than one taxpayer in respect of income from the same |
| Date: 8 Mar 2023 Judge: LOGAN, BROMWICH AND HESPE JJ |
84. Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia [2023] FCAFC 23
| ADMINISTRATIVE LAW - appeal from orders dismissing an application for review of Tribunal decision - Tribunal decision largely replicated respondent's submissions without attribution - requirement in merits review to consider application afresh - |
| Date: 2 Mar 2023 Judge: THAWLEY, MCELWAINE AND HESPE JJ |
85. Oraha v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 21
| MIGRATION - Appeal from a decision of the former Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, to dismiss an application for judicial review of a decision of the Administrative Appeals |
| Date: 2 Mar 2023 Judge: YATES, BROMWICH AND HESPE JJ |
| TAXATION - goods and services tax - precious metal - scrap gold - appeal and cross-appeal - where Administrative Appeals Tribunal considered taxpayer's entitlement to input tax credits in the periods 1 August 2016 to 30 November 2016 (First Period) |
| Date: 23 Feb 2023 Judge: MOSHINSKY, THAWLEY AND HESPE JJ |
87. Tax Practitioners Board v Buckland (No 2) [2023] FCA 191
| HIGH COURT AND FEDERAL COURT - jurisdiction of the Federal Court - whether Court has jurisdiction PRACTICE AND PROCEDURE - application for service on a company in a foreign country - application for substituted service under r 10.24 and / or r 10.49 |
| Date: 21 Feb 2023 Judge: HESPE J |
88. Wilson v State of Victoria [2023] FCA 111
| PRACTICE AND PROCEDURE - applications for summary dismissal and strike out - pleadings allege invalidity of measures relating to the rollout of COVID-19 vaccines and restrictions on unvaccinated individuals in the State of Victoria based on |
| Date: 20 Feb 2023 Judge: HESPE J |
89. Commissioner of Taxation v Guardian AIT Pty Ltd ATF Australian Investment Trust [2023] FCAFC 3
| TAXATION - appeal from judgment of a single judge to set aside taxation decision under Part IVC of the Taxation Administration Act 1953 (Cth) (TAA 1953) - application of s 100A of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) - whether |
| Date: 24 Jan 2023 Judge: PERRY, DERRINGTON AND HESPE JJ |
90. Miraki v El-Cheikh [2022] FCA 1570
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal - where primary judge made interlocutory orders setting aside orders for the payment of moneys out of court - whether decision of primary judge attended with sufficient |
| Date: 22 Dec 2022 Judge: HESPE J |
91. AWC21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1568
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - where Administrative Appeals Tribunal (Tribunal) affirmed decision to refuse to grant Appellant a protection visa under complementary protection criterion in s 36(2)(aa) of the |
| Date: 22 Dec 2022 Judge: HESPE J |
92. CBV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1566
| MIGRATION - appeal from a decision of the Federal Circuit and Family Court (Circuit Court) dismissing an application for judicial review of a decision of the Immigration Assessment Authority (IAA) affirming a decision of the Minister's delegate - |
| Date: 22 Dec 2022 Judge: HESPE J |
93. Commissioner of Taxation v Landcom [2022] FCAFC 204
| TAXATION - appeal from decision of primary judge setting aside objection decision - objection to private ruling - where single contract of sale concerned the sale of freehold interests in four lots of land - whether sale would be a single "supply" |
| Date: 22 Dec 2022 Judge: WIGNEY, MOSHINSKY AND HESPE JJ |
94. BGW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1569
| MIGRATION - decision of the Administrative Appeals Tribunal (Tribunal) affirming decision of delegate of the Minister refusing application for a protection visa - whether decision of Tribunal affected by jurisdictional error - whether error of fact |
| Date: 22 Dec 2022 Judge: HESPE J |
95. Kwatra v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 194
| MIGRATION - appeal from decision of the Federal Court of Australia - where primary judge dismissed application for judicial review of Administrative Appeals Tribunal decision not to revoke visa cancellation under s 501CA(4) of the Migration Act 1958 |
| Date: 8 Dec 2022 Judge: MARKOVIC, CHEESEMAN AND HESPE JJ |
96. Philip Morris Ltd v Comptroller-General of Customs [2022] FCAFC 185
| TAXATION - where applicant made applications for drawbacks pursuant to the Customs Act 1901 (Cth) and Customs (International Obligations) Regulation 2015 (Cth) - whether applicant gave notice in writing of intention to claim drawbacks as required by |
| Date: 24 Nov 2022 Judge: LOGAN, THAWLEY AND HESPE JJ |
97. Australian Nursing and Midwifery Federation v Kitaya Holdings Pty Ltd [2022] FCA 1394
| INDUSTRIAL LAW - alleged contravention or proposed contravention of s 50 of the Fair Work Act 2009 (Cth) (Fair Work Act) - whether interim injunction pursuant to ss 545(1) and (2)(a) of the Fair Work Act and s 23 of the Federal Court of Australia |
| Date: 24 Nov 2022 Judge: HESPE J |
98. Pekar v Jess (Trustee) [2022] FCA 1367
| BANKRUPTCY AND INSOLVENCY - application for extension of time within which bankrupt to file application under s 104 of the Bankruptcy Act 1966 (Cth) (the Act) seeking review of Respondents' decision to admit proofs of debt under s 102 of the Act - |
| Date: 18 Nov 2022 Judge: HESPE J |
99. Nelson (Trustee), in the matter of Warawita (Bankrupt) v Warawita [2022] FCA 1281
| BANKRUPTCY AND INSOLVENCY - where Applicant appointed as the trustee of the Respondent's bankrupt estate - where residential property forms part of the property of the bankrupt - whether orders should be made for vacant possession of the |
| Date: 28 Oct 2022 Judge: HESPE J |
100. BWH17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1282
| MIGRATION - refusal of grant of Protection visa - appeal from Federal Circuit Court of Australia - judicial review of decision by Administrative Appeals Tribunal (Tribunal) under Pt 7 of Migration Act 1958 (Cth) - jurisdictional error - whether |
| Date: 28 Oct 2022 Judge: HESPE J |
